Madras High Court
CRP/5503/2026 of K.Gunasekaran Vs Nethaji (died) 1.N.Radha on 21 September 2026
CRP No. 5503 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-09-2026
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI
CRP No. 5503 of 2026
CNR:{HCMA012007292026}
1. K.Gunasekaran
S/o Kalyanasundaram, Res at No.4/50,
Perumal Koil Street, Kovoor, Chennai 600
138 Sriperumbudur Taluk and another
2. K.Prabakar
S/o Kalyanasundaram, Res at No.4/50,
Perumal Koil Street, Kovoor, Chennai 600
138 Sriperumbudur Taluk
Petitioner(s)
Vs
Nethaji (died)
1.N.Radha
W/o Late Nethaji, Res at No.7, Nelpadi
Street, Kundrathur, Chennai 600 069
Sriperumbudur Taluk
2.N.Chandrabose
S/o Late Nethaji, Res at No.7, Nelpadi
Street, Kundrathur, Chennai 600 069
Sriperumbudur Taluk
3.N.Sasi
S/o Late Nethaji, Res at No.7, Nelpadi
Street, Kundrathur, Chennai 600 069
Sriperumbudur Taluk
4.N.Yoganand
S/o Late Nethaji, Res at No.7, Nelpadi
CRP No. 5503 of 2026
Street, Kundrathur, Chennai 600 069
Sriperumbudur Taluk
Respondent(s)
Revision filed under Article 227 of Constitution of India to number and dispose within a time frame, E.P.SR.No.3584 of 2019 in RCOP No.3 of 2008 on the file of District Munsif cum Rent Controller, Sriperumbudur.
For Petitioner(s):
Mr.M.V.Seshachari
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ORDER
In view of the limited relief sought for in this revision petition, I am inclined to dispense with notice to the respondents.
2. The petitioners are the landlords, who filed RCOP No.3 of 2008 and eviction was ordered on 08.11.2012. In fact, pending RCOP No.3 of 2008, an application was filed under Section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for payment of entire arrears of rent which came to be allowed and the same was challenged in RCA No.20 of 2012 before the Rent Control Appellate Authority, viz., Sub Court, Kancheepuram. The said appeal was however dismissed on 04.07.2018, since pending the appeal, the entire arrears have been paid. However, subsequently, the respondents/tenants did not contest the RCOP No.3 of 2008, which resulted in the exparte order of eviction being passed. After lapse of six years, the respondents have filed an application to set aside the exparte order of eviction, which is yet to be numbered. They have also taken out an application for stay in the interregnum
CRP No. 5503 of 2026 period.
3. Citing pendency of these applications, the execution petition filed by the petitioners is not being numbered and has been retained at the SR stage by the Rent Controller (District Munsif-cum-Rent Controller), Sriperumbudur. As long as there is no stay granted by any appellate authority and the exparte order of eviction has not been set aside in the manner known to law, the right of the petitioners to execute the decree cannot be scuttled.
4. In the light of the above, I am inclined to issue necessary direction to the Rent Controller being the District Munsif-cum-Judicial Magistrate, Sriperumbudur to number EP SR No.3584 of 2019, if it is otherwise in order, not putting the pendency of any applications for stay or setting aside filed by the tenants unless and until the respondents/tenants are able to obtain an interim order of stay of execution of proceedings, and dispose of the execution petition on merits and in accordance with law within a period of three months thereafter.
5. With the above direction, the civil revision petition is allowed. No costs. 21.09.2026 Index:yes/no Website:yes/no Speaking Order/Non-speaking Order sr
CRP No. 5503 of 2026 P.B.BALAJI.,J sr
To The District Munsif cum Rent Controller, Sriperumbudur. CRP No. 5503 of 2026 21.09.2026